Section 26B-6-410 - Disbursal of public funds - Background check of a direct service worker(1) For purposes of this section, "office" means the same as that term is defined in Section 26B-2-101.(2) Public funds may not be disbursed to pay a direct service worker for personal services rendered to a person unless the office approves the direct service worker to have direct access and provide services to a child or a vulnerable adult pursuant to Section 26B-2-120.(3) For purposes of Subsection (2), the office shall conduct a background check of a direct service worker: (a) before public funds are disbursed to pay the direct service worker for the personal services described in Subsection (2); and(b) using the same procedures established for a background check of an applicant for a license under Section 26B-2-120.(4) A child who is in the legal custody of the department or any of the department's divisions may not be placed with a direct service worker unless, before the child is placed with the direct service worker, the direct service worker passes a background check under Section 26B-2-120.(5) If a public transit district, as described in Title 17B, Chapter 2a, Part 8, Public Transit District Act, contracts with the division to provide services: (a) the provisions of this section are not applicable to a direct service worker employed by the public transit district; and(b) the division may not reimburse the public transit district for services provided unless a direct service worker hired or transferred internally after July 1, 2013, by the public transit district to drive a paratransit route: (i) is approved by the office to have direct access to children and vulnerable adults in accordance with Section 26B-2-120; and(ii) is subject to a background check established in a statute or rule governing a public transit district or other public transit district policy.Renumbered from § 62A-5-103.5 and amended by Chapter 308, 2023 General Session ,§ 171, eff. 5/3/2023.Amended by Chapter 344, 2023 General Session ,§ 5, eff. 5/3/2023.Amended by Chapter 181, 2017 General Session ,§ 33, eff. 5/9/2017.Amended by Chapter 255, 2015 General Session ,§ 9, eff. 5/12/2015.Amended by Chapter 448, 2013 General Session ,§ 15, eff. 5/14/2013.Amended by Chapter 3, 2008 General Session
Amended by Chapter 17, 2008 General Session